2 Resolution Approving a Contract with Taylor Backhoe Service for Street Repairs on E Street near Main Street.

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Meeting Date: February 21, 2017

STAFF REPORT

AGENDA ITEM: Resolution Approving a Contract with Taylor Backhoe Service for Street Repairs on E Street near Main Street.

MEETING DATE: February 21, 2017

PREPARED BY: Noe Martinez, Interim Public Works Director

REVIEWED BY: Odi Ortiz, Interim City Manager

RECOMMENDATION:

Adopt Resolution No._, approving a contract with Taylor Backhoe Service for street repairs on E Street near Main Street.

BACKGROUND:

On January 1, 2017, there was a major water leak on E Street near Main Street that caused damage to a portion of the asphalt pavement, sidewalk, curb, and gutter at the leak location. The water leak was repaired by City staff on the following day, but the repairs to the street were not completed as it requires the services of a qualified contractor.

The water leak eroded part of the road which staff was able to backfill and compact to protect the road subsurface. However, the area that was backfilled was left barricaded including part of the nearby driveway whose subgrade was undermined by the water leak erosion.

The water leak occurred in front of the parking garage for MFA Medical Group on E Street. The City’s barricades that were installed to keep the damaged areas protected are currently impacting the operations of FMA Medical Group as they are not able to access their parking garage.

Concerned staff from this business have been calling Public Works on a regular basis to inquire on the completion status for these repairs due to impacts resulting from their closed driveway. These barricades would also impede clear access to a nearby fire hydrant by the Fire Department.

DISCUSSION:

The bidding requirements for this repair work are governed by both the California Public Contract Code and Livingston Municipal Code. The Public Contract Code provides that public works projects are subject to formal bidding requirements including street or sewer work except maintenance or repair. This work consists of repairs to a street, therefore, it is not subject to the bidding requirements under the Public Contract Code.

The Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless the formal bidding process is undesirable, impossible, unavailing or incongruous as determined by the City Manager.

The City Manager has determined that the formal bidding process for this work is undesirable and recommends that the City proceed with awarding a contract for the street repairs based on informal quotes. This determination was based on the relatively small scope of this work, its unexpected nature, and the need to complete the repairs quickly due to impacts to local businesses and protecting life and safety.

Staff received three quotes from the following contractors to complete the work.

1. Taylor Backhoe Service Inc. – $18,000.00

2. Rolfe Construction – $19,128.00

3. Lawrence Backhoe Service Inc. – $29,000.00

Staff recommends completing the street repairs using Taylor Backhoe Service which provided the lowest price for the work.

FISCAL IMPACT:

The street repairs costs will be funded 100% from the water enterprise funds included in the FY 2016- 2017 budget.

ATTACHMENTS:

1. Resolution No.

2. Taylor Backhoe Service Quote dated January 17, 2017

2

RESOLUTION NO. 2017-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AWARDING A CONTRACT TO TAYLOR BACKHOE SERVICE INC. FOR REPAIRS ON "E" STREET, AND MAKING FINDINGS SUPPORTING THAT THE PROCUREMENT FOR THIS

EQUIPMENT AND SERVICES IS EXEMPT FROM COMPETITIVE BIDDING REQUIREMENTS

WHEREAS, the City of Livingston experienced damages to E Street near Main Street caused by a City water main leak including washed away asphalt concrete, sidewalk, curb and gutter; and

WHEREAS, City staff was able to repair the water leak, but the repairs to the street were not completed as it requires the services of a qualified contractor; and

WHEREAS, the water leak and subsequent street damages occurred in front of the parking garage for FMA Medical Group on E Street and the pending street repairs are currently impacting this local business’ operations; and

WHEREAS, the damages to the street are currently barricaded which is impeding access to the parking garage of FMA Medical Group and clear access to an adjacent fire hydrant by the Fire Department; and

WHEREAS, the City would like to proceed with the street repairs and have received three quotes from qualified contractors, ranging from $18,000.00 to $29,000.00, to complete the work; and

WHEREAS, Chapter 1-11 of the Livingston Municipal Code sets forth the City of Livingston’s Purchase Policies and Procedures and establish that purchases of operational supplies, materials, and equipment in excess of Ten Thousand Dollars ($10,000) be subject to formal bidding; and

WHEREAS, Section 1-11-10 of the Livingston Municipal Code provides that certain purchases are exempt from formal competitive bidding when calling for bids on a competitive basis in the opinion of the City Manager/Director of Finance is undesirable, impossible, unavailing or incongruous; and

WHEREAS, Section 201619(c) of the California Public Contract Code provides that public works projects are subject to formal bidding requirements including street or sewer work except maintenance or repair; and

WHEREAS, the work to repair E Street is considered street repairs, therefore, it is not subject to the bidding requirements under the California Public Contract Code; and

WHEREAS, the Interim City Manager has determined that the formal bidding process for this work is undesirable based on the relatively small scope of this work, its unexpected nature, and the need to complete the repairs quickly due to impacts to local businesses and protecting life and safety and recommends that the City proceed with awarding a contract for the street repairs based on informal quotes; and

WHEREAS, the City desires to enter into a contract with Taylor Backhoe Service Inc. who provided the lowest quote at a price of $18,000.00.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows: Section 1. The above recitals are true and correct findings of the Livingston City Council.

Page 1 of 2

Section 2. The E Street repairs are exempt from bidding requirements per the California Public Contract Code.

Section 3. The purchase for contractor services to repair E Street is exempt from formal competitive bidding pursuant to Section l-11-10 of the Livingston Municipal Code.

Section 4. The Interim City Manager is hereby directed and authorized to execute an agreement with Taylor Backhoe Service Inc. for the E Street repairs work for the quoted price of $18,000.00.

Passed and adopted this 21st day of February, 2017, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

The foregoing resolution is hereby approved.

 
 

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Jim Soria, Mayor

of the City of Livingston

ATTEST:

I, hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 21st day of February, 2017.

 
 

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Betty Cota, Deputy City Clerk of the City of Livingston

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